[Previous] [Next]

40-78.


40-78.

    The Commissioner or his designee, truant officer, or other person
charged with the administration of this article, may make demand on
an employer in whose factory or establishment a child apparently
under the age of sixteen (16) years is employed or permitted or
suffered to work, and whose employment certificate is not then filed
as required by this section, that such employer shall either furnish
him, within ten (10) days, evidence satisfactory to him that such
child is in fact over sixteen (16) years of age, or shall cease to
employ or permit or suffer such child to work in such factory or
establishment.  Such officer may require from such employer the same
evidence of age of such child as is required on the issuance of an
employment certificate; and the employer furnishing such evidence
shall not be required to furnish any further evidence of the age of
the child.  In case such employer shall fail to produce and deliver
to such officer, within ten (10) days after such demand, such
evidence of age herein required by him, and shall thereafter continue
to employ such child to work in such factory or establishment, proof
of the giving of such notice and of such failure to produce and file
such evidence shall be prima facie evidence in any prosecution
brought for violation of this provision of this article that such
child is under sixteen (16) years of age and is unlawfully employed:
Provided, that the Commissioner or his designee shall have the power
to demand a certificate of physical fitness from some licensed
physician in good standing in this state in case of children who may
appear to him physically unable to perform the labor at which they
may be engaged, and shall have power to prohibit the employment of
any minor that cannot obtain such a certificate.




[Previous] [Next]